Patna High CourtCR. MISC./67469/2023bail granted

Md. Khalid v. The State Of Bihar

2024-05-14Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67469 of 2023 Arising Out of PS. Case No.-175 Year-2017 Thana- MAHILA P.S District- Supaul ====================================================== Md. Khalid, Son Of Md. Samud @ Sonelal Village- Bagheli Ward No 11, PsJadia, Dist- Supaul, Dist- Bihar ... ... Petitioner/s

Versus

The State Of Bihar 2.

Juveda Khatun Wife Of Md. Khalid, D/O Md. Khalil Village- Bagheli, Ward No. 11, Ps- Jadia, Dist- Supaul, State- Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kuldeep Kumar For the Opposite Party/s :

Mr.Asha Devi Mr.AMRIT ABHIJAT GHANSHYAM MANOJ KUMAR GUPTA ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-05-2024

1. Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 498A, 494, 323, 448, 504, 506 and 34 of the Indian Penal Code and Sections 3 and 4 of the D. P. Act.

3. The petitioner and the informant in compliance of the order dated 08.05.2024 are present in Court along with their respective learned counsels.

4. The petitioner, who is present in person, submits that informant has performed her second marriage with one Safik Ahmad of Goa. The informant submits that she has not

Patna High Court CR. MISC. No.67469 of 2023(5) dt.14-05-2024 2/3 performed her second marriage rather petitioner has performed his second marriage and had fabricated documents in order to malign the informant.

5. The learned counsel for the parties, at this stage, submits that who is speaking the truth cannot be culled out in the present proceedings, but then, the learned counsel appearing on behalf of the petitioner submits that petitioner is willing to pay a monthly maintenance of Rs.3,000/- to the informant, on which the learned counsel appearing on behalf of the informant submits that he will whatsapp the bank account number of the informant on the whatsapp number of the learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the petitioner undertakes to communicate the same to the petitioner, so that the monthly maintenance of Rs.3,000/- as agreed commences from 27.05.2024.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Supaul in connection with

Patna High Court CR. MISC. No.67469 of 2023(5) dt.14-05-2024 3/3 Mahila P. S. Case No.175 of 2017, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

8. However, it is made clear that the opposite party no.2 shall be at liberty to file an application seeking cancellation of anticipatory bail granted to the petitioner, in the event, if the petitioner does not pay the monthly maintenance as agreed for two consecutive months.

9. It is further made clear that the present maintenance will stop, the moment maintenance is fixed by a Court of competent jurisdiction.

(Satyavrat Verma, J) vikash/- U T